During the validity period of the employment permit, migrant workers are
prohibited by law from applying to change jobs as they wish. Exceptions are
made only under specific circumstances, which include job transfers under
situations where the migrant worker is not at fault for the termination of
employment before the contract expires, transfers after the completion of a
contract, or mutual agreement between the worker and employer for a job
transfer. There are fewer challenges in cases where the worker and employer
are in agreement about the job transfer. However, in practice, migrant
workers often encounter difficulties proving that they are not at fault for the
termination of employment. And the lack of evidence hinders their ability to
apply for a job transfer. In cases where the employment permit expires and a
job transfer is required, migrant workers generally rely on agencies for new job
opportunities. This can generate costs such as worker-paid recruitment fees
and other related issues.
82. Recommendations: The NHRC believes that Taiwan’s employment regulations
for hiring migrant workers are in violation of freedom of occupational choice
as set forth by relevant international standards. Although migrant workers
can only access specific jobs under current policies, measures can be taken
to mitigate negative impacts. For example, regulations may grant migrant
workers the freedom to change their job within specific industries after a
specified period of time.106
83. The IRC states in its concluding observations and recommendations on
Taiwan’s 3rd National Report under the ICCPR & ICESCR that although the
government of Taiwan has indeed proposed incremental measures to protect
106
See Article 14 of ILO Convention No. 143: Migrant Workers Convention, 1975 (Supplementary Provisions), which states that
when the following conditions are met, the state party may grant free choice of employment when the migrant worker has
resided lawfully in its territory for employment for a prescribed period not exceeding two years or, if its laws or regulations
provide for contracts for a fixed term of less than two years, when the worker has completed his first work contract.
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